United States v. Hernandez

DeMOSS, Circuit Judge:

Defendant-Appellee, Linda Suniga Yorle Hernandez, was indicted for possession with intent to distribute more than one kilogram of heroin in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(l)(A)(i). The district court granted Hernandez’s motion to suppress the heroin seized during a search of her luggage at a bus station. The district court concluded that (1) the officer’s manipulation of Hernandez’s suitcase was an illegal search in violation of the Fourth Amendment under Bond v. United States, 529 U.S. 334, 120 S.Ct. 1462, 146 L.Ed.2d 365 (2000), and (2) Hernandez’s…